SENATE, No. 2251

By Ms. Menard, a petition (accompanied by bill, Senate, No. 2251) of Joan M. Menard, Robert Correia, Michael J. Rodrigues and other rmembers of the General Court (with the approval of the mayor and city council) for legislation relative to special police in Fall River. Public Safety and Homeland Security. {Local approval received.}
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT RELATIVE TO SPECIAL POLICE IN FALL RIVER

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Not withstanding any general or special law to the contrary, the Chief of Police for the City of Fall River, Massachusetts may appoint special police officers as he deems necessary for the purpose of performing police details or any police duties arising there from or during the course of police detail work, regardless of whether or not related to detail work.  Special police officers so appointed shall not have reached the age of 65 years of age.  A special police officer shall have passed a medical examination, by a physician or other certified medical professional chosen by the city, at his/her expense to determine that the officer is capable of performing the essential duties of a special police officer prior to performing police details or any police duties.  A special police officer must be a former City of Fall River police officer retired for superannuation pursuant to Section 5 of Chapter 32 of the General Laws.

Section 2.  Unless otherwise set forth in this act, Chapter 31 of the General Laws, Chapter 32 of the General Laws, Section 99A of Chapter 41 of the General Laws, Sections 100 and 111F of Chapter 41 of the General Laws and Chapter 152 of the General Laws, and rules promulgated under such laws, shall not apply to special police officers appointed under this act.

Section 3.  Special police officers shall, when performing the duties pursuant to Section 1 above, have the same power to make arrests and to perform other police functions as regular police officers of the city.

Section 4.  Special police officers shall be appointed on an annual basis, subject to removal by the Chief of Police for the City of Fall River, Massachusetts at any time with 14 days written notice.  Upon request, the Chief of Police shall provide reasons for removal in writing.

Section 5.  Special police officers shall also be subject to the rules and regulations, policies and procedures and requirements of the Fall River Police Chief, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications, and requirements regarding uniforms and equipment.  Special police officers that are retired Fall River police officers shall not be subject to Section 96B of Chapter 41 of the General Laws.

Section 6.  The Chief of Police for the City of Fall River, Massachusetts, shall swear in special police officers.

Section 7.  Appointment as a special police officer does not entitle any individual appointed as such to assignment to any detail or details.

Section 8.  Special police officers appointed pursuant to this act who are retired Fall River police officers shall be subject to the limitations on hours worked and on payments to retired city employees pursuant to paragraph (b) of Section 91 of Chapter 32 of the General Laws.  The Chief of Police shall devise a method for the assignment of details to retired police officers.